TERMS AND CONDITIONS
1.1. Welcome to the Australian website (“the Website”) owned by Pukka Herbs Ltd (a United Kingdom company) and managed by Organic Trader Pty Ltd (“OT”). 1.2. OT is the exclusive Pukka Herbs distributor in Australia. We provide goods and services subject to our Terms and Conditions of Use. 1.3. Our Terms and Conditions may be amended at any time and without prior notice. 1.4. Your statutory rights are not affected by our Terms and Conditions of Use.
2. Intellectual Property Rights
2.1. Pukka Herbs Ltd is the exclusive owner of the Pukka Herbs trademark and designs, and all other company names and logos are the property of their respective owners. No permission is given in respect of the use of any intellectual property on the Website, and such use may constitute infringement of the respective owners’ rights.
3.1. Your continued use of the Website constitutes an affirmative acknowledgement and agreement by you that you accept and agree to abide and be bound by our Terms and Conditions of Use.
4.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and New South Wales. 4.2. These Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of New South Wales. 4.3. If any section of our Terms and Conditions are declared void or unenforceable, then the remaining sections shall be operative and continue to bind the exclusive parties.
5. Limitation of Liability
5.1. Pukka Herbs Ltd, OT or subsidiaries will not be liable to you for any loss or damage caused by us, our employees or our agents in circumstances where: 5.1.1. there is no breach of duty of care owed to you, by us or by any of our employees or agents: 5.1.2. such loss or damage is not a reasonably foreseeable result of any such breach; or 5.1.3. any increase in loss or damage results from breach by you of any of these terms and conditions; or 5.1.4. such loss or damage relates to any business or non-consumer loss or damage including, without limitation lost data, lost profits and business interruptions. 5.2. For the avoidance of doubt, our liability is limited to goods supplied or offered by OT for: 5.2.1. The replacement of the goods or the supply of equivalent goods; or 5.2.2. the repair of such goods; or 5.2.3. the payment of the cost of replacing the goods or acquiring equivalent goods; or 5.2.4. the payment of the cost of having the goods repaired.
6.1. We make no warranty as to whether any of the products or services on our website will meet your requirements, and you expressly indemnify us in the instance that they may not meet your particular requirements.
7. Online Security
8. Credit Card
8.1. Organic Trader uses the latest technology to protect your credit card information and will never under any circumstances release it to any outside organisation. You can place your orders using our secure server. Any losses sustained by the transmission of personal information by e‑mail or Internet links shall be borne exclusively by the user or member. 8.2. Charges to your credit card will be shown as “Organic Trader Pty Ltd”.
9. Communication & Marketing
10. Delivery Times
10.1. We use all reasonable endeavours to adhere to the delivery times set. 10.2. Please refer to our Delivery Policy for detailed information on delivery timescales.
No Quibbles Guarantee
11.1. If you are not satisfied with a product that you have bought, please return it to us for a full refund. We regret, however, that we cannot refund return postage costs for non-faulty products. 11.2. OT makes every effort to ensure products arrive in perfect condition. However, in the unlikely event of a product arriving damaged, customers should contact our customer service team within 3 days of receipt and return the package within 7 days, for a replacement to be sent. 11.3. Please see the Delivery Policy page for detailed information on delivery timescales. If your order has not arrived within these timescales, please contact Customer Service:
Enquiries firstname.lastname@example.org Orders email@example.com Landline +61 2 8399 0122
Returns Address: Organic Trader Pty Ltd Unit 13, 809 – 821 Botany Road Harcourt Business Park Rosebery NSW 2018
12. Faulty Items & Refunds
12.1. If your purchase from OT is found to be faulty, damaged or unsatisfactory, please return it to us per the instructions above for a full refund. Refunds for valid claims will be made via the same method of payment as used to place your order.
13. Change of Mind
13.1. If you change your mind in relation to your purchase, you may request a refund at any time up to 10 business days from receiving delivery of the goods. The goods are to be returned in the original and resalable condition. 13.2. We will issue a refund within 10 business days, or unless stated otherwise, once the goods are received and our returns conditions are satisfied.
14. Out of Stock Items
14.1. All products are subject to availability. 14.2. If products are out of stock we will hold your order and contact to advise of the anticipated date. If the out of stock item will be either be no longer available or delayed for an extended time – we will notify you via email, cancel the item from your order, and refund the item in full, or alternatively you may choose another product of the same value.
15.1. We hold full rights and discretion to refuse supply to any person or company.
16.1. All material on the Website is provided in good faith. It is obtained from sources believed to be accurate and current at the date of publication. 16.2. Your use of the Website is at your sole risk. 16.3. Access to the Website is provided on an ‘as available’ basis. 16.4. Neither OT or its related entities, nor its or their directors or employees, make any representation or warranty that: 16.4.1. any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or 16.4.2. your access to the Website will be uninterrupted, timely or secure. 16.5. OT will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.